This On Demand was recorded on 3 March 2026.
The death of a family member is an extremely stressful time. This is compounded when the deceased has died without a will. The absence of clear instructions in a will may lead to complex legal processes, increased costs, and disputes among family members. Some who die without have significant and complex estates, which can again compound issues.
Refresh your understanding of how the law of intestacy determines how the estate is divided among surviving relatives, and the legal process followed. Getting this wrong can have real consequences. It can be hard to get the money back after a distribution made in error.
This practical session delivered by experienced presenters will bring the subject matter to life with real world examples.
It will provide an overview of the intestacy process including:
- Applying for Letters of Administration, including who can apply (and in what order)
- Adhering to distribution rules outlined in the Administration Act 1969, while recognising this may not align with the deceased’s actual wishes
- Identifying and valuing assets where records are unavailable or withheld
- Ensuring adequate provision for dependents
- Intestacy involving Māori land.
The presenters will discuss pitfalls, thorny issues and provide helpful tips and guidance. A key takeaway will be how to apply for and administer an intestacy quickly and efficiently, saving costs to the estate.
